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FOSTER v. STATE

No. 52960.

548 S.W.2d 731 (1977)

Marvin FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 30, 1977.

Attorney(s) appearing for the Case

Burnett & Burnett, John H. Miller, Jr., Sinton, for appellant.

F. A. Garcia, Dist. Atty., Hebbronville, S. N. Snedeker, Dist. Atty., Brownsville, C. H. Neal Duvall, Asst. Atty. Gen., McAllen, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for theft of property over the value of fifty dollars. Punishment was assessed at nine years. The indictment was under Article 1410 of the 1925 Penal Code which provided:

"`Theft' is the fraudulent taking of corporeal personal property belonging to another from his possession, or from the possession of some person holding the same for him, without his consent...

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